09_0008_CORP_Appendix_A_FREWIN_Piling.doc

CORP Specifications Appendix A – Fremont Winema Piling & Crushing

FRE-WIN PILING & CRUSHING

C--DESCRIPTION/SPECIFICATIONS

FRE-WIN PILE&CRUSH C-1

STATEMENT OF WORK/SPECIFICATION

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the Statement of Work/Specifications referenced in Subsequent Task Order.

FRE-WIN PILE&CRUSH C-2

ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS

The attachments to the Statement of Work/Specifications listed in Subsequent Task Order are hereby made part of this solicitation and any resultant contract.

FRE-WIN PILE&CRUSH C-3

SCOPE OF CONTRACT

The purpose of this request for proposal is to secure services for the machine crushing and piling of slash from whip falling, thinning, and logging operations. The contractor shall furnish all labor, equipment, supervision, transportation, supplies (except those designated as Government-furnished) and incidental items to perform all work. This is a performance-based contract.

FRE-WIN PILE&CRUSH C-3.1

LOCATION AND DESCRIPTION

Location The current project work areas will be located on the Deschutes, Ochoco or Fremont-Winema National Forest. The location of each area of work, maps, and detailed unit information sheets, if applicable, will be issued with each task order.

Boundaries

Boundaries other than for easily identified cutting line will be plainly marked by the Government with contract boundary tags and supplemented where needed with plastic ribbon when task order is issued. Task orders will contain descriptions of flagging.

FRE-WIN PILE&CRUSH C-3.2 ACCESSIBILITY

The project areas are normally accessible on forest roads by standard pickup (with snow tires and chains, if needed) during normal operating seasons. Areas within the treatment units may require a high clearance 4X4 vehicle for spring and late fall work, weather permitting. If roads become inaccessible due to snow, fallen trees, slides, washouts, etc., the Government may direct the Contractor to use an alternative route under the Changes clause of this contract.

In order to minimize soil erosion and damage to National Forest lands and roads, all roads are subject to closure during spring and fall break up or whenever soil or weather conditions require.

The Government assumes no obligation to do special road maintenance to keep roads open.

At times spur roads shown on project maps may not be accessible by vehicle but show a previously known road to the work area. No vehicles will be permitted to operate off system roads without prior approval of the Contracting Officer.

FRE-WIN PILE&CRUSH C-4.0 MOTORIZED EQUIPMENT

Use of motorized equipment other than approved project equipment will not be off designated roads in the project area without prior approval of the Contracting Officer, or as hereafter provided.

Equipment will not be allowed to travel across country from one unit to another without prior approval of the Contracting Officer.

FRE-WIN PILE&CRUSH C-4.1 LIABILITIES

The Contractor shall assume all risk and loss or damage to the Contractor’s equipment and personal injury to Contractor or employees and shall hold and save the Government and its employees harmless from liability of any nature or kind resulting from Contractor’s performance under this contract, except for negligent acts by the Government employees.

FRE-WIN PILE&CRUSH C-4.2 DETAILED PILING UNIT INFORMATION

Unit details and maps of the units to be treated will be attached to each Task Order.

FRE-WIN PILE&CRUSH C-4.3 DEFINITIONS OF SPECIALIZED TERMS

AVERAGE SPACING: The distance in feet from one leave tree to the next acceptable leave tree. In determining spacing, leave trees 18 inches D.B.H. and larger are to be ignored.

CALENDAR DAYS: Every day shown on the calendar.

CULL TREES: Any tree which is infested with dwarf mistletoe throughout its crown, has visible indicators of insect attack, has major mechanical damage such as broken tops, trees with bole cankers, severe sweep, or crook.

DAMAGED TREES: Any tree during work that is scraped or barked, so that wood is exposed, or a tree that has been pushed over, leaning partially uprooted.

D.B.H.: Diameter of the stem at breast height, measured at a point 4 ½ feet above ground level on the uphill side.

DEFICIENT TREES: Cut trees that should have been left to maintain average spacing.

EXCESS TREES: Uncut tree not needed to meet average spacing specifications.

SELECT TREE: Individual trees that have been previously identified as being phenotypically more desirable than other and are marked with tree number tag, orange paint band, and/or yellow protection sign.

SLASH: Woody material suspended or down, including broken tops, limps, branches, stem, chunks, brush, dead or down logs, and standing trees designated with pink ribbon tried around the bole.

THINNING: The cutting of trees in excess of those to left for future management.

FRE-WIN PILE&CRUSH C-4.4 CONTROL OF WORK

The Contractor agrees to conduct its operations under this contract and other related business activities in compliance with Federal, State, and local statutes, standards, orders, permits and other regulations.

The Contractor shall meet all State and local environmental quality laws applicable to National Forest system lands.

The Government may specify a priority of work by item(s), or sub-units within the Item(s), during the period of the contract. With-in the general project area, the Government will exclude non-work areas, such as rocky and other special areas. Non-work areas will be designated prior to work on that segment of the project area. Non-work areas will be flagged, and posted and shown on maps provided prior to work beginning.

If any cultural or archeological sites are discovered during operations of this contract, work will be suspended in the immediate vicinity of the site until a reconnaissance survey is completed by the Forest Archeologist. Areas excluded from treatment shall be deleted from the contract.

Project work may commence within the term of the contract except under the following conditions:

1. Weather predictions indicate a hazardous fire condition warranting curtailment of operation, as specified elsewhere in this contract.

2. Weather conditions which do not allow effective work, such as snow, periods of rain or other weather-related conditions as determined by the Contracting Officer.

FRE-WIN PILE&CRUSH C-4.5 MECHANICAL SLASH TREATMENT

A. Specifications – Slash Piles

Slash piles shall meet the following specifications:

1. Piles will be constructed so as not to harm standing leave trees.

2. Piles must not be closer than 15 feet from the crown drip line of any leave tree. If no area free of leave trees exists for piling, the Government will direct the Contractor to create an opening by removing identified trees.

3. Piles must be a minimum of 10 feet in diameter and no less than 6 feet tall.

4. Piles shall contain no more dirt than will stick to the bark of a tree bole as it is slid across the ground to the pile.

5. Piles shall not be constructed on stumps, near standing snags, in roads, or in leave areas along roads. Piles shall be constructed in such a manner as to protect existing structures (i.e., section corners, fences, ditches, etc.).

6. Piles shall be tightly compacted.

6. All areas within the unit shall be piled, however materials on the ground greater than 12 inches in diameter shall be excluded from piling.

7. Piling shall be performed in a manner that does not result in soil compaction or detrimental soils displacement. See ground pressure requirements in FRE-WIN PILE&CRUSH C-3.

B. Specifications – Slash Crushing

Slash crushing services shall meet the following specifications:

1. The Contractor shall treat all slash in the unit.

2. Slash shall be crushed to a minimum depth of twelve inches or less. Task orders will specify slash depths if the Government requires a different depth.

3. Slash near any bole of felled trees, snags, and windfalls that are eight inches DBH (when standing) or more shall be crushed to a depth of twelve inches or less, as measured from forest floor

4. Crushing shall be accomplished in a manner that does not compact the soil or result in slash material crushed into the forest soils.

5. Crushing may require multiple passes over areas to meet contract specifications.

FRE-WIN PILE&CRUSH C-5 TECHNICAL SPECIFICATIONS FOR D-4 DOZER OR EQUIVALENT

(a) Dozers provided for the period of the contract shall be 1990 model year or newer.

(b) Dozers shall have a flywheel horsepower rating from 70 to 115.

(c) Dozers shall have a track width of not less than 18 inches or more than 24 inches and grouser a minimum of 1 ½ inches.

(d) Dozers shall be equipped with angle blade that is operated from the cab of the dozer.

(e) Dozers shall have a brush blade (rake) with a minimum of 10-inch long tines.

(f) Dozers shall have a working exhaust system and shall meet all federal and state safety and operating requirements..

(g) Dozers shall meet all OSHA cab and rollover protection requirements.

(h) Dozer shall be power shift and/or hydrostatic driven.

(i) Dozers shall be capable of operating in dense stands within a 16-foot spacing without damaging leave trees.

(j) Dozer shall have a ground pressure equal to or less than 5 lbs. per square inch.

(k) Crusher requirements (roller):

1.

Shall be a front-mounted, roller drum type. (Will be inspected by Government before use)

2. Dozer used shall meet the same specifications as listed above with the exception of the brush blade requirements.

FRE-WIN PILE&CRUSH C-5.1 SUBSTITUTION OF EQUIPMENT

1. The Contractor may substitute like equipment for any equipment approved for use under this contract. All substitute equipment shall be subject to Government inspection before acceptance.

2. If it becomes necessary to substitute equipment, this shall be at no extra cost to the Government. No transport cost shall be charged to the Government to replace or remove equipment during substitution.

3. During the contract period, if equipment becomes inoperative due to mechanical problems or the lack of operators for a period of two consecutive workdays when work is ordered by the COR, the Contractor shall provide substitute equipment and /or operator not later than the beginning of the third day. The day of the breakdown is considered the first workday. Failure to meet this requirement may subject the Contractor to default actions.

FRE-WIN PILE&CRUSH C-5.2 INSPECTION OF EQUIPMENT

The Contractor shall furnish equipment to be used prior to beginning work under this contract for Government inspection, if requested by the Contracting Officer.

The Contractor shall assure the offered equipment meets all contract specification prior to the inspection.

If the equipment is found to be in such a condition as to indicate the need for frequent repairs and delays in performance, it shall be rejected. The decision of the Contracting Officer on equipment acceptance is final.

The Contractor shall be responsible for any cost associated with making equipment available for inspection. Equipment which is deemed as unacceptable by the Government will receive no payment of transportation costs or other associated costs. If the Contractor provides less than acceptable equipment twice in a field season, the Contractor may be found in non-compliance with the requirements and the Contract may be terminated for default.

FRE-WIN PILE&CRUSH C-6 EQUIPMENT TRANSPORT

There will be no extra payment for the transport of dozers or other equipment to the project sites or between project sites. Transport costs shall be included in the per-acre cost of the services.

Vehicles used to transport equipment shall meet the following specifications:

(a) Shall be of size and power to safely haul equipment on Forest Roads.

(b) Shall be capable of negotiating mountain roads during normal operating seasons.

(c) Equipment and operator shall meet all State, ODOT and Federal requirements for highway use and safety.

(d) Pilot car services, if needed, will be the Contractor’s responsibility and at no extra cost to the Government.

FRE-WIN PILE&CRUSH C-7 CONTRACTOR-FURNISHED PROPERTY AND SERVICE

1.

The Contractor shall furnish all equipment, repairs, maintenance fuel, tools, labor, supplies, material, and supervision necessary for proper equipment operation and to perform the work described.

2.

The Contractor shall provide operator(s) who have sufficient skill and experience to properly perform the work assigned to them. An operator who, in the opinion of the Government, does not perform his/ her work in a proper, safe, and skillful manner or is intemperate, disorderly, or otherwise objectionable shall be removed immediately by the Contractor upon request by the Contracting Officer and replaced at no extra cost to the Government.

3.

During the contract period, the Contractor shall maintain his equipment, by repair or replacement, to such a standard as to guarantee maximum use. If necessary, repair of equipment shall be made on scheduled equipment off days or holidays. All repairs will be initiated within 24 hours.

4.

Chase trucks and fire water wagons are incidental to the equipment being ordered and no separate payment will be made for them.

C -7.1 CULTURAL RESOURCE PROTECTION

Location of known historic or prehistoric sites, building, object and properties related to American history, architecture, archaeology, and culture protection by the Antiquities Act of 1906(16 USC 431-433), National Historic Preservation Act (16 USC 470) and the Archaeological Resources Protection Act(16 USC 470aa-11) and 36 CFR261.9 (h) shall be identified on the ground by the Forest Service. Forest Service may unilaterally modify or cancel this contract to protect an area, object of antiquity, artifact, or similar object which is or may be entitled to protection under Acts regardless of when the area object or artifact is discovered or identified. Discovery of such areas or objects by either party shall promptly be reported to the other party.

Contractor shall avoid identified sites by prohibiting entry by Contractor’s personnel and equipment: and shall protect all known and identified historical or prehistoric sites, buildings, objects and properties related to American history, architecture, archaeology, and culture against destruction, obliteration removal or damage during Contractor’s operations.

In the event of a violation of this subsection, Contractor shall bear costs of assessing effects in accordance with 36 CFR 800.5 and of restoration and repair in accordance with 36 CFR 296:14 provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law.

FRE-WIN PILE&CRUSH C-7.2 PROTECTION OF OTHER RESOURCES

Leave trees shall not be damaged during operations. If a tree is unavoidably damaged the Contractor shall, if so directed, cut the damaged tree and dispose of it in a manner determined by the Contracting Officer at no extra cost to the Government.

The Contractor shall be held liable for and is responsible for any damage caused by personnel or equipment to any existing structures or improvement. It shall be the Contractor’s responsibility to immediately notify the Government of any damage. Repairs to these structures or improvements will be at the expense of the Contractor and shall be accomplished in a timely manner. Examples include but are not limited to the following: fences and gates, roads, spurs, fire lines, water bars, posted monuments, land corners, superior trees, and designated ATP’s (Area To Be Protected). Government reserves the right to determine how repairs are accomplished.

Ground and Weather conditions: The Contracting Officer (CO) will determine when project work can be safely accomplished under this contract. The Government may suspend work to protect resources or whenever the Contracting Officer (CO) determines that conditions are unsafe to accomplish the proposed work. This is considered incidental to normal work progress and no adjustment to contract price will made.

Equipment will not be permitted to cross meadow, stream channels or other non-work area unless authorized by the Government.

FRE-WIN PILE&CRUSH C-7.3 SUPPLEMENTAL INFORMATION

The Government may specify a priority of work item(s) or subjects within the Item(s), during the period of the contract. Access to some units may require opening of roads. The Contracting Officer’s Representative (COR) will approve all road openings and closings in advance. The Contractor will not be allowed to move equipment across non-road areas to other units. The COR will specify the travel route in advance.

FRE-WIN PILE&CRUSH C-8

TASK ORDER MANAGER

The task order manager for any and all resultant contracts shall be named in the subsequent task order. All requisitions for task orders placed against resultant contracts must be approved by stated task order manager prior to being submitted. This will be done to prevent exceeding contract maximum dollar amounts.

FRE-WIN PILE&CRUSH C-9

SPECIFICS OF TASK ORDERING

Task orders are to be competed among the awarded contracts by the Contracting Officer. Task order quotes will be evaluated based on price, availability, and past performance, with all factors considered to be approximately equal in importance. If the task order involves RAC funding, the evaluation shall be based on price, availability, use of local resources and labor, and past performance, with price being considered approximately equal to all other factors combined. When past performance histories of awarded contractors are considered relatively close, price will be a major selection factor. No work shall start prior to the issuing of a task order from the Contracting Officer.

E--INSPECTION AND ACCEPTANCE

FRE-WIN PILE&CRUSH E-1

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FRE-WIN PILE&CRUSH E-2

INSPECTION OF SERVICES – FIXED-PRICE (FAR 52.246-4) (AUG 1996)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

FRE-WIN PILE&CRUSH E-3

QUALITY ASSURANCE

A. The Government may inspect all treatments, services and contractor inspection to determine compliance with the specifications.

B. The Government inspection may be based on visual inspection of 100 percent of the sub-item or treatment area. Any finding of Contractor failure to reasonably comply with contract requirements shall be unacceptable.

C. The Contractor may, at the discretion of the Government, be required to rework any three-acre or larger area that fails to meet acceptable work quality. Acceptance of the work may be based on Contractor inspection results. Contractor is required to inspect all work on this contract and keep an inspection procedure comparable to FRE-WIN PILE&CRUSH E-1, a-c.

D. Each work unit, as designated on the task order and data sheet, will be inspected as a separate unit and will not be averaged with any other areas for acceptance or payment.

FRE-WIN PILE&CRUSH E-4

CONTRACTOR QUALITY CONTROL

The Contractor shall complete a Quality Control Plan as part of each treatment.

The Contractor shall inspect all treatments to determine compliance with specifications. Inspections procedures shall be in accordance with Clause FRE-WIN PILE&CRUSH E-4, Inspection Procedures – all items. Each pay item shall be inspected separately and inspection results on one pay item shall not be averaged with those of other pay items. Completion of each sub-item and the quality of the work done shall be certified in writing and provided to the Government no later than at the beginning of the next working day.

Contractor inspections shall be kept current with on-going work. Treatment shall not proceed more than 5 acres ahead of Contractor inspections.

When a unit has been completed and specifications met, the Contractor will notify the Government by supplying the COR with completed inspection documentation. The Contractor will sign inspection documents.

FRE-WIN PILE&CRUSH E-5

INSPECTION PROCEDURES – ALL ITEMS

Inspection results will be based on a visual, walk-through inspection by both the Contractor and the Government. When a unit has been completed and specifications met, the Contractor will notify the Government by supplying the COR with completed inspection documentation. The Contractor will sign inspection documents, and quality of work percentage shall be computed.

If a dispute in work quality arises between the Contractor and the Government, the following plot-based inspection procedure shall be utilized by both the Contractor and the Government.

Inspections will be made utilizing a 1/20th acre (26.3 feet radius) plot. The plots shall be uniformly distributed over the entire unit in question. A minimum of one plot per 5 acres (spacing equates to 7 chains X 7 chains) will be taken. The Government will put in the full amount of inspection plots.

Each inspection plot will be subdivided into four (4) quadrants based on cardinal directions. Each quadrant shall be evaluated for compliance with all contract specifications relating to mechanical slash piling. Fifty percent of each quadrant shall meet specifications to be acceptable.

Record the number of quadrants inspected and the number of acceptable quadrants.

Work Quality Percentages are derived from data developed from inspection plots. The total number of satisfactory quadrants divided by the number of quadrants inspected determines the quality rate. This rate multiplied by 100 provides the work quality percentage.

(# of satisfactory quadrants ÷ # of inspected quadrants) X 100 = % quality EXAMPLE: 26 satisfactory quadrants ÷ 28 inspected quadrants = .93

.93 X 100 = 93% quality Where Contractor inspection results vary more than 5 percent from Government results, the Government results will be used for the calculation of the payment percentage. The Contractor shall be notified in writing of unsatisfactory inspection performance and ordered to correct the inspection procedures. No new work shall be started until the non-conforming work is corrected at no cost to the Government. Where Contractor results vary by no more than 5 percent from the Government inspection results, the Contractor inspection results will be used as the basis for computing the rate of pay.